Aroneck v. Atkin

Callahan, J. (dissenting).

I respectfully dissent. In my view it was an improvident exercise of judicial discretion to deny an application for all potential parties to be included thereby permitting a determination at one trial of all the pending and probable issues inherent in this lawsuit. Leave to amend pleadings “shall be freely given” absent prejudice or surprise resulting directly from a delay (CPLR 3025, subd [b]; Fahey v County of Ontario, 44 NY2d 934, revg 55 AD2d 1034). CPLR 3025 (subd [b]) contains no time limit and the motion may be made at any time. It was not only proper but…